1. (1)

   1. (a)

      1. (i) Any person who provides to a governmental entity a record that the person believes should be protected under Subsection 63G-2-305(1) or (2) or both Subsections 63G-2-305(1) and (2) shall provide with the record, or within a reasonable amount of time after providing the record:

         1. (A) a written claim of business confidentiality; and
         2. (B) a concise statement of reasons supporting the claim of business confidentiality.

      2. (ii) Any of the following who provides to an institution of higher education defined in Section 53H-1-101 a record that the person or governmental entity believes should be protected under Subsection 63G-2-305(40) shall provide the institution within the state system of higher education a written claim of business confidentiality in accordance with Section 53H-14-204:

         1. (A) a person;
         2. (B) a federal governmental entity;
         3. (C) a state governmental entity; or
         4. (D) a local governmental entity.

   2. (b) A person or governmental entity who complies with this Subsection (1) shall be notified by the governmental entity to whom the request for a record is made if:

      1. (i) a record claimed to be protected under one of the following is classified public:

         1. (A) Subsection 63G-2-305(1);
         2. (B) Subsection 63G-2-305(2);
         3. (C) Subsection 63G-2-305(40); or
         4. (D) a combination of the provisions described in Subsections (1)(b)(i)(A) through (C); or
      2. (ii) the governmental entity to whom the request for a record is made determines that the record claimed to be protected under a provision listed in Subsection (1)(b)(i) should be released after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).
   3. (c) A person who makes a claim of business confidentiality under this Subsection (1) shall protect, defend, and indemnify the governmental entity that retains the record, and all staff and employees of the governmental entity from and against any claims, liability, or damages resulting from or arising from a denial of access to the record as a protected record based on the claim of business confidentiality.

2. (2)

   1. (a) Except as provided in Subsection (2)(b) or by court order, the governmental entity to whom the request for a record is made may not disclose a record claimed to be protected under a provision listed in Subsection (1)(b)(i) but which the governmental entity or the director of the Government Records Office determines should be disclosed until the period in which to bring an appeal expires or the end of the appeals process, including judicial appeal.
   2. (b) Subsection (2)(a) does not apply where the claimant, after notice, has waived the claim by not appealing or intervening before the director of the Government Records Office.
3. (3) Disclosure or acquisition of information under this chapter does not constitute misappropriation under Subsection 13-24-2(2).

Amended by Chapter 373, 2026 General Session